CR-1 covered on cover sheet of I-130?

[Chez&Rick 11]

When filing I-130 petition, do u have to put filing for CR-1 anywhere or will they know based that its a I-130?

any help would be appreciated.

Thank you

[Ryan H 3,812]

When filing I-130 petition, do u have to put filing for CR-1 anywhere or will they know based that its a I-130?

any help would be appreciated.

Thank you

One of the very first questions on the I-130 form itself asks who you are filing it on behalf of. You would tick the box next to "Spouse" for this question.

Edited January 23, 2013 by Ryan H

[Stressed Out 81]

One of the very first questions on the I-130 form itself asks who you are filing it on behalf of. You would tick the box next to "Spouse" for this question.

So, in other words, they automatically determine it's the IR/CR-1 visa you need based off of what you fill out? I'm assuming it's the only visa available for immigrating spouses of US citizens.

[Leatherneck 693]

So, in other words, they automatically determine it's the IR/CR-1 visa you need based off of what you fill out? I'm assuming it's the only visa available for immigrating spouses of US citizens.

Correct - the information you provide... e.g., a marriage certificate. However, at the Embassy/consulate level, a CR-1 could be issued, yet by the time the immigrating spouse arrives at POE, be entitled to reclassification to IR-1.

Your assumption is correct, but let me mention the virtually non existence of the K-3.

[Stressed Out 81]

Yeah if they determine based off of your situation then I'm sure they won't be issuing the K-3 anyway. We're going to be applying after July of 2014 since we'll have been married 3 years and are then eligible for the IR-1. Saves time and a bit of money, hehe. I believe I can make it that long before homesickness level 10 kicks in.

[Roosha 51]

You only have to be married two years in order to qualify for IR-1.

[pushbrk 12,883]

So, in other words, they automatically determine it's the IR/CR-1 visa you need based off of what you fill out? I'm assuming it's the only visa available for immigrating spouses of US citizens.

Yes, but the "they" that cares about visas is NOT USCIS. They simply approve the petition based on meeting the requirements for the kind of case it is. In this case, the I-130 is being filed for the spouse of a US citizen. The Dept. of State, NOT USCIS issues visas. The proper visa will be issued based on the people involved and how long they've been married. This is determined by a CONSULAR OFFICER NOT USCIS.

[Stressed Out 81]

You only have to be married two years in order to qualify for IR-1.

I've heard that before on here. Someone also married to a German national once told me it was 3, but perhaps they were confused with the German law that you can naturalize after 3 years of marriage to a native. But, that's actually a fantastic relief. So, we won't even have to wait as long as I thought we'd have to.